In memory of our brother and son, Robert Bagnell,
who died moments after being tasered by police in Vancouver, British Columbia on June 23, 2004. Bob was the 7th Canadian to die and the 110th in North America.

Sunday, June 27, 2010

LAWYERS have warned ministers and senior police officers that introducing Taser stun guns to fight crime could expose police officers using them to prosecution.

Strathclyde Police are currently conducting a trial into the use of the electronic guns, which are mainly deployed to prevent assaults on officers.

But lawyers are now challenging assertions that police officers have official immunity from prosecution in cases where the use of the weapons is disputed. Human rights solicitor Tony Kelly, a partner with Taylor and Kelly in Lanarkshire, said he would "most definitely" consider taking a case on behalf of a Taser victim. He also cast doubt on claims that officers using Tasers would have "Crown immunity".

"There are questions over their lawful use and lawful possession because of the strange way this pilot was set up, with no specific authority by ministers.

And I have spoken to quite a few lawyers who have the same opinion as me on this."

Tasers were issued to 30 beat officers in Glasgow city centre, Rutherglen and Cambuslang – areas with a high number of police assaults – last month as part of the first trial of the weapon in Scotland. The weapons, which deliver a 50,000 volt shock, are likely to be deployed across the country if the trial is successful.

It emerged last week that Strathclyde Police Authority had received official opinion from the Scottish Government that the police in Scotland do not require ministerial approval to possess or use Tasers because of the effect of the principle of Crown immunity.

Amnesty International says it is not opposed to Tasers being used where necessary, but is critical of the way the pilot has been introduced without a vote in the Scottish Parliament.

It claims the three days' training given to Strathclyde police officers who took part in the pilot is insufficient.

John Watson, Scottish programme director for Amnesty International, said: "You don't have things like this happening without public engagement.

"But Strathclyde Police are unilaterally going ahead without it. We know lawyers are interested in the implications if someone is Tasered by an officer on this pilot scheme.

"There is a very strong case to take legal action, regardless of what they have done. I'm very clear this pilot is unlawful. I believe if someone was Tasered they would win." Watson said Amnesty has no objections to Tasers being used by trained firearms officers but not being "classed as defence equipment where everyone has one".

"We've done a lot of research in other countries where Tasers are part of the police's equipment, such as the US, Canada, and Australia, and it's shoot first, ask questions later."

Specially trained officers in England and Wales have been able to use Tasers since December 2008, following a 12-month trial in ten forces. They can only be used by officers in such danger that they need to use force to defend themselves.

The guns, which are designed to incapacitate, have been linked to nearly 300 deaths in Canada and America.

A Scottish Government spokesman said: "The Scottish Government has no role in either the authorisation or use of Tasers and as such cannot envisage any circumstances in which it would be liable for compensation."

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taser-Related Deaths = 1007+ in North America

See "A LIST OF THE DEAD"According to Taser International, the taser had nothing to do with any of these deaths. According to Amnesty International, the taser has been identified as either a cause or contributing factor in at least 60 of them. That number would be higher; however medical examiners and coroners are often not impartial but are instead biased in favour of the Crown or, as has been shown, they are under tremendous pressure from - among others - Taser International, to make a particular finding.See Judge rules for Taser in cause-of-death decisions

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Taser International finally admits risk that their weapons may affect the human heart

RCMP - TASERS POTENTIALLY LETHAL

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My Brother - Robert Bagnell June 27, 1959 - June 23, 2004

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2) Until such time as independent and unbiased study into the "real world" safety implications of Tasers has been properly completed, a moratorium must be imposed upon these weapons.

3) If, after independent and unbiased study has been completed, the Taser is going to remain in the police arsenal, it must be placed at a level equal to lethal force on the continuum of force and used only as a second-to-last resort.

4) Safety standards must be developed for Tasers. There are currently no Canadian safety standards in place for this weapon.

5) Police must not be allowed to investigate themselves but must be subject to independent and unbiased civilian oversight.

6) Families of people who die in police custody in Canada must be provided with funding so that they may be properly represented by legal counsel.

07. Robert Bagnell, 44 – Vancouver, BC - June 23, 2004 - X26 - "Official" cause of death: Consistent with restraint-associated cardiac arrest due to acute cocaine intoxication and psychosis. Bob's autopsy report showed marks on his body consistent to multiple taser shots, which incidently could not be affirmed by the pathologist because she could not explain those marks.

09. Samuel Truscott, 43 – Kingston, ON - August 8, 2004 - X26 - "Official" cause of death: Heart attack cause by drug overdose and "I can state categorically that the Taser did not play any role whatsoever in his death" said Chief Coroner for Ontario, Jim Cairns

24. Michael Langan, 17, Winnipeg, MB - July 22, 2008 - tasered 1 time - the autopsy report says Langan's death was caused by a heart arrhythmia brought on by the Taser shocks

25. Sean Reilly, 42 - Brampton, ON - September 17, 2008 - Peel Regional Police - X26 - tasered 2 times - the inquest jury will determine the official cause of death, however, “the forensic evidence indicated that the force used by the officers, including the Taser discharge, did not contribute to his death"

27. Trevor Grimolfson, 38 - Edmonton, AB - October 29, 2008, X26 - According to sources, after he was pepper sprayed, Trevor was tasered directly on the chest 5 times and tasered on the back of the neck 2 more times - Edmonton police said he was only tasered 2 times but testing on the tasers proves otherwise - "Official" cause of death: excited delirium brought on by drugs

29. Grant William Prentice, 40 - Brooks, AB - May 6, 2009 - RCMP - tasered 2 times - "Official" cause of death: acute cocaine toxicity and "the medical examiner also concluded the taser did not play a role in the death"

Ain't it the truth!

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80% percent of the population could be moved in either direction

Human rights activist Susan Sontag, when asked what she had learned from the Holocaust, said that 10 percent of any population is cruel, no matter what, and that 10 percent is merciful, no matter what, and that the remaining 80 percent could be moved in either direction.

THE Successes AREN'T the Problem

"The issue is not whether or not the taser can be used in a high percentage of cases to reduce death and/or physical trauma to officers and civilians alike. The issue is whether or not it's OK to kill the rest through ignorance and rationalization just because it's a small percentage ... The successes aren't the problem - the failures are. They're being told that tasers are nonlethal, so they blast away until people can't move. They're killing people by accident." Dave Siegler, father of Raymond Siegler, who died on February 12, 2004

The artistic side of Robert Bagnell

WE KNOW THIS MUCH IS TRUE

ROBERT ANGLEN

Robert Anglen, a reporter with The Arizona Republic, documented the first 167 Taser-related deaths. Mr. Anglen launched a journalistic investigation of Taser International, linking the Taser to multiple deaths, among other eye-openers.

At the 2005 Arizona Press Club Awards, Mr. Anglen won first place in the Investigative reporting category. He was the recipient of the Don Bolles Award for his report entitled "Taser tied to 'independent' study that backs stun gun'. “As part of an extraordinarily thorough investigation of Taser International, Anglen uncovered ‘smoking gun’ documents that showed the manufacturer was heavily involved in the key study that purported the devices are safe. Anglen also uncovered conflicts of interest and documented wide-spread problems with Taser safety — a matter of national and international public interest.”

In 2006, Mr. Anglen was a runner up for the Arizona Press Club's Virg Hill Journalist of the Year award. Peter Bhatia of The Oregonian wrote “Robert Anglen is an investigative reporter, pure and simple. Clearly, he is a reporter who, once he sinks his teeth into something, stays with it until the story is done. His ongoing work around the company that makes Tasers speaks to that."